BILL ANALYSIS
AB 1366
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1366 (Feuer)
As Amended September 1, 2009
Majority vote
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|ASSEMBLY: |60-16|(May 28, 2009) |SENATE: |24-10|(September 3, |
| | | | | |2009) |
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Original Committee Reference: W., P. & W.
SUMMARY : Authorizes local agencies that own or operate a
community sewer system or water recycling facility to control
salinity inputs from residential self-regenerating water
softeners, to protect the quality of the waters of the state,
subject to certain conditions.
The Senate amendments add procedural requirements and
clarifications:
1)Modify public process requirements for the local agency,
requiring a public hearing and 30 days before the local agency
may imposing controls on water softeners.
2)Amend the list of options for local agencies to control
salinity inputs from water softeners, adding some and deleting
others.
3)Clarify the requirement for a regional water quality board to
make findings about salinity inputs from water softeners.
4)Clarify and expand the legislative finding regarding the State
Water Resources Control Board's recycled water policy.
5)State legislative intent to achieve with water quality, in
part, through a collaborative process among agencies and
stakeholders.
EXISTING LAW authorizes use of recycled water under certain
conditions and imposes conditions on local agency limitations on
use of water softeners.
FISCAL EFFECT : Senate Appropriations Committee Chair reported
this bill to the floor due to insignificant costs, pursuant to
AB 1366
Page 2
Senate Rule 28.8.
COMMENTS : This bill originated in last year's AB 2270 (Laird),
a recycling bill that the Governor vetoed. The author has
narrowed and amended the bill to address the concerns reflected
in the veto message and new information that has emerged. Those
changes include:
1)Identified Regions. Limits authorization to the regions and
counties that the State Water Resources Control Board (SWRCB)
has identified as having significant salinity problems that
threaten surface water bodies and high-use groundwater basins.
2)Public Process. Requires local agencies that consider
imposing controls on salinity inputs from water softeners to
hold a public meeting before adopting such controls, and
explicitly allows such agencies to decide not to adopt a water
softener ordinance.
3)Portable Exchange Water Softeners. Bars controls on
residential portable exchange water softeners, which do not
discharge to sewers.
4)No Recycling Reporting. Deletes requirements for reporting on
recycled water use.
In essence, this bill focuses on what sponsors consider the most
important legal change - allowing local control of water
softener salinity inputs where the problem is significant.
Unlike existing law that limits local agency discretion to
regulate or otherwise control salinity inputs into local sewer
systems from water softeners, this bill would give discretion to
local agencies within the identified regions - after its
regional water board determines there is a local problem - to
tailor local controls on the particular problem its community
suffers from salinity inputs, including water softeners.
Salinity problem : AB 1366 addresses a growing concern in many
regions of the state - increasing salinity in the state's rivers
and streams. Salinity discharges, from both urban and
agricultural sources, have received increased attention in
recent years, particularly in the burgeoning Central Valley.
The Central Valley Regional Water Quality Control Board has
reduced allowable urban salt discharges to address this problem,
although saline drainage off the Westside of the San Joaquin
AB 1366
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Valley remains a problem. Salinity also arises in the context
of recycling, where higher salinity makes recycling more
difficult. In response to concerns about the state's progress
on recycled water, SWRCB adopted a statewide policy in February
2009, in order to encourage greater use of recycled water. The
SWRCB's policy includes requirements for regional salt
management plans, as increased salt loads in the source water
makes recycling more difficult.
Procedural safeguards : This bill retains and expands the
procedural safeguards from AB 2270. These safeguards require
public meetings and "evidence in the record" before the
specified determinations can be made. Any local agency that
decides to require removal of water softeners must determine and
pay the "reasonable value" of a water softener. This
requirement of compensation for removal of water softeners is
not necessarily required by the United States Constitution's
Fifth Amendment requiring just compensation for government
taking of private property. The compensation requirement in
this bill would be a policy decision of the Legislature that
payment should be made to those who discharge salt to the sewer
system, regardless of whether they have a right to such
compensation. This provision contradicts the more common policy
of "polluter pays," in which the polluter or discharger pays to
reduce and/or clean up the discharge and is not paid with public
funds to stop pollution or discharges.
Recent amendments :The author negotiated the most recent
amendments to remove opposition from the water softener
industry. These amendments ensure that the industry will have a
seat at the table as state and local agencies develop ways to
achieve water quality standards.
Analysis Prepared by : Alf W. Brandt / W., P. & W. / (916)
319-2096
FN: 0002851